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r l~ • III IIIIIIIIIIIIIIII <br />STATE OF COLORADO <br /> <br />Roy Romer, Governor <br />Patti Shwayder, Actins Executive Director <br /> <br />Dedicated to protecting and improving the health and environment of the people o! Colorado __ <br />F~CO <br />F;0 goy <br />R~ <br />„~% \~~ <br />HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION ~ <br />~ ~ ~~ ~ <br />r <br />, <br />4300 Cherry Creek Dr. S. 222 5. 6th Street, Room 232 ' 11 <br />G <br />d <br />D <br />l <br />d <br />l <br />d <br />~ 're'/6' <br />- <br />enver, Co <br />ran <br />Junction, Co <br />ora <br />o 80222-1530 <br />ora <br />o 81 5 01-2 768 <br />Phone (303) 692.3300 Phone 1303) 248.7164 ~}` ( Colorado Department <br />Fax (303)759-5355 Fax (3031248-7198 /~ 1 <br />~( <br />~ oEPublic Health <br />and Environment <br />` <br />September 14, 1995 <br />Mr. Mark Gebhart ,=~F(',F~VFI ~ j,; <br />El Paso County Planning Department '1 , <br />27 East vermijo SEP ~ B 1995 <br />Colorado Springs, Colorado 80901 <br />Iws~on of ~~~nerals ~ ueoioyy <br />Re: Application for Certificate of Designation <br />Daniels Sand Pit #2 Transit Mix Concrete <br />Sections 2 and 3, Township 15 South, Range 66 West, Sixth Principal Meridian <br />EI Paso County, Colorado <br />Dear Mr. Gebhart: <br />The Hazardous Materials and Waste Management Division of the Colorado Department <br />of Public Health and Environment (the Division) has reviewed the above referenced <br />document. The document was submitted to the Division by the El Paso County Planning <br />Department with a cover letter dated September 9, 1995. The cover letter indicated that <br />the request for a certificate of designation would be heard at the El Paso County <br />Planning Commission on October 17, 1995. <br />The application identifies the site as a sand and gravel mining operation covered under a <br />reclamation permit (#M-73-0007) issued by the Colorado Mined Land Reclamation <br />Board. The proposed operation includes disposal of materials generated off-site. <br />Section 30-20-102(4), of the Solid Wastes Disposal Sites and Facilities Act, C.R.S. 30-20- <br />100.5 et_sea (the Act), states "... any person who is engaged in mining operations <br />pursuant to a permit issued by the mined land reclamation board or office of mined land <br />reclamation which contains an approved plan of reclamation may dispose of solid wastes <br />generated by such operations within the permitted area for such operations. For the <br />purposes of this part ], such solid wastes disposal site and facility shall be an approved <br />site for which obtaining a certificate of designation ... shall be unnecessary." Since the <br />proposed operation would include the disposal of materials generated outside of the area <br />covered by the mined land reclamation permit, the Division is of the opinion that the <br />exception to the requirement for a certificate of designation does not apply. <br />Accordingly, the process for obtaining a certificate of designation, as defined in section <br />30-20-103 of the Act, must be followed. This process will entail a technical review of the <br />application by the Division, a public review and comment period, a public hearing and <br />other actions as defined in the Act. <br />,1 <br />,~ <br />